Reassignment as a reasonable accommodation under the Americans With Disabilities Act (ADA) is a frequent question employers ask when evaluating employment or accommodation options for disabled employees. In a 2000 opinion the 8th Circuit examined the scope of reasonable accommodation under the ADA, considering whether reasonable accommodation requires companies to reassign a qualified disabled employee to desired vacancies and whether companies must engage in an interactive process to provide the employee with reassignment. Rebecca Cravens v. Blue Cross, No. 99-1924 (8th Cir. 6/7/00).
Rebecca Cravens was an 18-year employee of Blue Cross who developed carpal tunnel syndrome related to repeated "keying". As a result, she was no longer able to perform the essential functions of her position. Blue Cross discharged Cravens after she was unable to find another non-keying job within the company.
Under the ADA, employers are barred from discriminating against a "qualified individual with a disability who, with or without reasonable accommodation, can perform the essential functions of the position that such individual holds or desires." §12111(8). The 8th Circuit held that a "qualified individual" is one who cannot do his/her current job, but who desires a different position he/she can perform, with or without reasonable accommodation. This suggests that reassignment may be necessary as a reasonable accommodation in certain circumstances.
However, the court does not require reassignment in every circumstance. It only arises where accommodation within the individual''s existing job would create an undue hardship and only applies to vacant positions. If the employee cannot be reassigned in a comparable position, accommodation may result in a demotion. Finally, the reassigned individual must be qualified for the position. The court also held that employers must assist qualified employees seeking reassignment, reinforcing the concept that employers should engage in an interactive process with the employee in examining employment options.
The information provided in this article is general in
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professional services and advice. The communication and
receipt of this information is not intended to create an
attorney-client relationship. Readers should consult with
their legal counsel before taking any action on matters
covered in this article.
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